Terms of service

Effective date: 1 October 2026

Part A // For all customers

Section 1 Scope of application

(1) These terms and conditions apply to all contracts for the supply of goods between C.A. Götz jr. GmbH, Landwüster Straße 17, 08258 Markneukirchen OT Wernitzgrün ("we", "us") and its customers. This applies to orders placed in our online shops as well as to orders placed by e-mail, telephone, at trade fairs or in the course of trade business.

(2) Part B additionally applies to consumers within the meaning of Section 13 German Civil Code (BGB). Part C additionally applies to entrepreneurs within the meaning of Section 14 BGB, legal persons under public law and special funds under public law.

(3) Terms and conditions of the customer shall only become part of the contract if we expressly agree to them in text form.

Section 2 Formation of the contract

(1) Product presentations in our shops, catalogues and price lists do not constitute a binding offer. By placing an order, the customer makes a binding offer.

(2) We accept the offer by sending an order confirmation in text form, by dispatching the goods, or by debiting the purchase price where payment is triggered during the ordering process. Whichever of these events occurs first shall be decisive.

(3) If we do not accept the offer within five working days, the customer shall no longer be bound by it.

(4) The automatic e-mail confirming receipt of an online order does not constitute acceptance.

Section 3 Prices, shipping costs, payment

(1) The prices stated at the time of ordering shall apply. We show shipping costs separately before the order is completed.

(2) We display the payment methods offered during the ordering process or in the order confirmation. Where payment is made through a payment service provider (such as Shopify Payments, PayPal or Klarna), that provider's terms shall additionally apply.

(3) Where payment is made in advance, the purchase price is due upon conclusion of the contract. We dispatch the goods after receipt of payment.

(4) For deliveries outside the European Union, the customer bears customs duties, import taxes and fees relating to international payment transactions.

Section 4 Delivery

(1) We deliver to the address specified by the customer in the countries named in the shop or in the order confirmation. The delivery time is stated on the product page or in the order confirmation.

(2) If our supplier fails to deliver to us despite a purchase contract concluded in good time and in due form, and we are not responsible for that failure, we may withdraw from the contract. We will inform the customer immediately and refund any amounts already paid without delay.

(3) We shall only make partial deliveries where reasonable for the customer. In that case, we bear any additional shipping costs.

Section 5 Retention of title

The goods remain our property until the purchase price has been paid in full. Section 12 applies additionally in respect of entrepreneurs.

Section 6 Liability

(1) We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act, and to the extent we have assumed a guarantee.

(2) Where we breach a material contractual obligation through slight negligence, our liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded. A material obligation is one whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In all other respects, we are not liable for slight negligence.

(3) Paragraphs 1 and 2 also apply to the personal liability of our employees, representatives and vicarious agents.

Section 7 Defects

The statutory law on liability for defects applies. Section 13 sets out the deviations applicable to entrepreneurs.

Section 8 Applicable law, dispute resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Consumers retain the protection of mandatory provisions of the law of the state in which they have their habitual residence.

(2) We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Part B // Additionally for consumers

Section 9 Ordering in the online shop

(1) The customer places goods in the shopping basket, enters delivery and billing details, selects the shipping and payment method, and is shown an overview of all details before submitting the order. Until clicking "Pay now", the customer may correct any entry using the edit and back functions.

(2) The languages available for the contract are German and English.

(3) We store the text of the contract. The customer receives the order details and these terms and conditions by e-mail. Where a customer account exists, previous orders can be viewed there.

Section 10 Right of withdrawal

Consumers have a right of withdrawal in accordance with our withdrawal instructions. Withdrawal is also possible online via the "Withdraw from contract" button in the shop.

Section 11 Warranty

Claims for defects become time-barred by law two years after delivery of the goods. We additionally provide the harmonised EU notice on statutory warranty rights as the official standard label. A guarantee exists only where expressly stated for the product; its terms are set out in the respective guarantee declaration.

Part C // Additionally for entrepreneurs

Section 12 Extended and prolonged retention of title, insolvency of the customer

(1) The goods remain our property until all claims arising from the business relationship have been settled (goods subject to retention of title); irrespective of this, each delivery remains our property until its own purchase price has been paid (Section 5).

(2) The customer may resell goods subject to retention of title in the ordinary course of business, provided the customer is not in default of payment; the customer may not pledge them or assign them by way of security. The customer hereby assigns to us the claims arising from the resale in the amount of our invoice total (including VAT), together with all ancillary rights; we accept this assignment, and the customer remains authorised to collect the claims.

(3) If the goods are processed, combined or mixed with other items, we acquire co-ownership of the new item in proportion to the invoice value of our goods; the customer keeps it in safe custody for us free of charge. Paragraphs 1 and 2 apply correspondingly.

(4) If the customer ceases payments or applies for the opening of insolvency proceedings over its assets, the rights to resell, process and collect claims lapse; if the customer defaults on payment or a third party files an insolvency application, we may revoke these rights. At our request, the customer must then without delay store the goods subject to retention of title separately and mark them as our property, provide us with a list of the goods and the assigned claims (with debtors), notify the debtors of the assignment, and inform any insolvency administrator of our ownership and the assignment.

(5) If the customer fails to pay a due claim within a reasonable period set by us, we may withdraw from the contract and demand the return of the goods; the customer bears the costs of repossession. The customer shall inform us without delay of any seizure or other third-party access to goods subject to retention of title or assigned claims.

(6) If the realisable value of our security exceeds our outstanding claims by more than 10%, we will, at the customer's request, release security of our choice.

(7) If the law of the country in which the goods are located does not recognise retention of title in this form, the closest permissible security right with comparable effect shall be deemed agreed; the customer shall cooperate in the necessary formalities.

Section 13 Claims for defects

(1) The customer shall inspect the goods without delay after delivery and notify defects without delay in text form; hidden defects shall be notified without delay after their discovery (Section 377 German Commercial Code, HGB).

(2) We choose whether to remedy the defect or supply replacement goods.

(3) Claims for defects in new goods become time-barred one year after delivery. Claims are excluded for used goods. This does not apply to claims for damages under Section 6(1), to defects fraudulently concealed, to recourse claims under Sections 445a, 445b and 478 BGB, or to the extent the law mandatorily prescribes longer periods.

Section 14 Payment, default, set-off

(1) Unless otherwise agreed, invoices are payable within 14 days of the invoice date without deduction.

(2) In the event of default of payment, the statutory default interest and the default lump sum under Section 288 BGB apply.

(3) The customer may only set off against undisputed, legally established or ready-for-decision counterclaims. This does not apply to counterclaims arising from the same contract, in particular for defects. The customer has a right of retention only in respect of claims arising from the same contract.

(4) If, after conclusion of the contract, we become aware of circumstances that materially call into question the customer's ability to pay, we may carry out outstanding deliveries only against advance payment or the provision of security.

Section 15 Passing of risk

Risk passes to the customer as soon as we have handed the goods over to the carrier.

Section 16 Place of jurisdiction, contract language, incorporation

(1) If the customer is a merchant, a legal person under public law, a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction shall be our registered office in Markneukirchen. We may also bring proceedings at the customer's place of business.

(2) Where the German and English versions differ, the German version prevails.

(3) These terms and conditions, in the version in force at the time the contract is concluded, also apply to future business with the customer once we have drawn the customer's attention to them. They are available in the respective online shop via the footer link (“Terms and Conditions”).